Administrative

Joseph Phillips, Respondent, v. Albert Speyers, Appellant

49 N.Y. 653·New York Court of Appeals·1872·NY

All concur; Rapallo, J., of counsel, not voting.

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Opinion

Joseph Phillips, Respondent, v. Albert Speyers, Appellant. (Argued February 27, 1872; decided March 26, 1872.) Action for conversion of $500 in gold. The judgment below was for the value of the gold in currency at time of demand. Held, that the verdict should have been in gold dollars, not currency, on authority of Kellogg v. Sweeney (46 N. Y., 291). William A. Beach for the appellant. Samuel Hand for the respondent. [MAJORITY — Pegkham, J.,] Pegkham, J., reads for modifying judgment and mating it for $500, with interest from January 5, 1865, payable in gold, with costs in the court below, payable in currency, without costs to either party in this court. All concur; Rapallo, J., of counsel, not voting. Judgment accordingly.